Social Security Disability Tip of the Month

Don't Be Confused by Waiting Periods and Durational Requirements:   The Best Time to File a Disability Claim? NOW!

Nothing happens quickly in the world of Social Security,
so the rule of thumb is that early application is wise. 

If you have a disabling condition that is expected to last for at least a year, apply for benefits immediately! Claims can take several years to process. The initial application takes four to six months to process, and over 60% of claims are denied at this stage. Hearings are often necessary to obtain justice, and the current wait for a hearing is up to 18 months!

It is always better to apply sooner rather than later, before you have exhausted your other benefits and possibilities of financial support.      

The "Durational Requirement" has nothing to do with when you are allowed to apply for benefits.  In order for you to qualify for payments, your disability must "last or be expected to last for at least twelve consecutive months." This is called the "durational requirement." However, you should not wait for the durational requirement to pass before you apply for benefits. You should apply any time there is a reasonable expectation that your disability will last for the required duration---for example, if you have a heart condition that is not expected to improve, or if you were in an automobile accident that has caused a severe injury.      

 The "5-month waiting period" has nothing to do with how long you should wait to file. The "5-month waiting period" refers to the waiting period (fixed by law) between the date you became disabled and the date your disability payments will begin.       

Retroactive payments can go back as much as a year from the date of your application, but because the application process can take so long, by the time your claim is granted there can be years of retroactive benefits. 

We are so confident in our abilities that in Social Security Disability cases, we don't charge a fee unless we win the case.

We Welcome Your Referrals.